Democracy In America-2 [100]
others, it is easy to perceive, that if the political legislation of the Americans is much more democratic than that of the French, the civil legislation of the latter is infinitely more democratic than that of the former. This may easily be accounted for. The civil legislation of France was the work of a man who saw that it was his interest to satisfy the democratic passions of his contemporaries in all that was not directly and immediately hostile to his own power. He was willing to allow some popular principles to regulate the distribution of property and the government of families, provided they were not to be introduced into the administration of public affairs. Whilst the torrent of democracy overwhelmed the civil laws of the country, he hoped to find an easy shelter behind its political institutions. This policy was at once both adroit and selfish; but a compromise of this kind could not last; for in the end political institutions never fail to become the image and expression of civil society; and in this sense it may be said that nothing is more political in a nation than its civil legislation.]
It may perhaps not be without utility to show how these changes which take place in family relations, are closely connected with the social and political revolution which is approaching its consummation under our own observation. There are certain great social principles, which a people either introduces everywhere, or tolerates nowhere. In countries which are aristocratically constituted with all the gradations of rank, the government never makes a direct appeal to the mass of the governed: as men are united together, it is enough to lead the foremost, the rest will follow. This is equally applicable to the family, as to all aristocracies which have a head. Amongst aristocratic nations, social institutions recognize, in truth, no one in the family but the father; children are received by society at his hands; society governs him, he governs them. Thus the parent has not only a natural right, but he acquires a political right, to command them: he is the author and the support of his family; but he is also its constituted ruler. In democracies, where the government picks out every individual singly from the mass, to make him subservient to the general laws of the community, no such intermediate person is required: a father is there, in the eye of the law, only a member of the community, older and richer than his sons.
When most of the conditions of life are extremely unequal, and the inequality of these conditions is permanent, the notion of a superior grows upon the imaginations of men: if the law invested him with no privileges, custom and public opinion would concede them. When, on the contrary, men differ but little from each other, and do not always remain in dissimilar conditions of life, the general notion of a superior becomes weaker and less distinct: it is vain for legislation to strive to place him who obeys very much beneath him who commands; the manners of the time bring the two men nearer to one another, and draw them daily towards the same level. Although the legislation of an aristocratic people should grant no peculiar privileges to the heads of families; I shall not be the less convinced that their power is more respected and more extensive than in a democracy; for I know that, whatsoever the laws may be, superiors always appear higher and inferiors lower in aristocracies than amongst democratic nations.
When men live more for the remembrance of what has been than for the care of what is, and when they are more given to attend to what their ancestors thought than to think themselves, the father is the natural and necessary tie between the past and the present - the link by which the ends of these two chains are connected. In aristocracies, then, the father is not only the civil head of the family, but the oracle of its traditions, the expounder of its customs, the arbiter of its manners. He is listened to with deference, he is addressed with respect, and the love which is felt for
It may perhaps not be without utility to show how these changes which take place in family relations, are closely connected with the social and political revolution which is approaching its consummation under our own observation. There are certain great social principles, which a people either introduces everywhere, or tolerates nowhere. In countries which are aristocratically constituted with all the gradations of rank, the government never makes a direct appeal to the mass of the governed: as men are united together, it is enough to lead the foremost, the rest will follow. This is equally applicable to the family, as to all aristocracies which have a head. Amongst aristocratic nations, social institutions recognize, in truth, no one in the family but the father; children are received by society at his hands; society governs him, he governs them. Thus the parent has not only a natural right, but he acquires a political right, to command them: he is the author and the support of his family; but he is also its constituted ruler. In democracies, where the government picks out every individual singly from the mass, to make him subservient to the general laws of the community, no such intermediate person is required: a father is there, in the eye of the law, only a member of the community, older and richer than his sons.
When most of the conditions of life are extremely unequal, and the inequality of these conditions is permanent, the notion of a superior grows upon the imaginations of men: if the law invested him with no privileges, custom and public opinion would concede them. When, on the contrary, men differ but little from each other, and do not always remain in dissimilar conditions of life, the general notion of a superior becomes weaker and less distinct: it is vain for legislation to strive to place him who obeys very much beneath him who commands; the manners of the time bring the two men nearer to one another, and draw them daily towards the same level. Although the legislation of an aristocratic people should grant no peculiar privileges to the heads of families; I shall not be the less convinced that their power is more respected and more extensive than in a democracy; for I know that, whatsoever the laws may be, superiors always appear higher and inferiors lower in aristocracies than amongst democratic nations.
When men live more for the remembrance of what has been than for the care of what is, and when they are more given to attend to what their ancestors thought than to think themselves, the father is the natural and necessary tie between the past and the present - the link by which the ends of these two chains are connected. In aristocracies, then, the father is not only the civil head of the family, but the oracle of its traditions, the expounder of its customs, the arbiter of its manners. He is listened to with deference, he is addressed with respect, and the love which is felt for